31. Taking into account the preliminary aspects and the particular context that Nicaragua is experiencing and the alleged unknown whereabouts of the proposed beneficiary, the Commission will proceed to analyze the procedural requirements regarding Mr. Rivera Bryan in Nicaragua. 32. With regard to the requirement of seriousness, the Commission takes into account, based on the information available, that the whereabouts or fate of the proposed beneficiary have been allegedly undetermined since September 29, 2023, following his violent arrest by police officers. 33. The Commission notes that the proposed beneficiary currently acts as a regional member of the House of Representatives and Miskitu leader of the organization YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth United”) which has the aim of vindicating the territorial rights of indigenous peoples on the Caribbean Coast and has been at the forefront of the struggle for the vindication of the rights of indigenous and Afro-descendant peoples. YATAMA was also part of the National Coalition along with several civil society organizations and political parties in order to become a political option. The proposed beneficiary has participated in political activities in his capacity as leader of the YATAMA organization and as a regional member of the House of Representatives. Recently, he participated in the United Nations Permanent Forum on Indigenous Issues, where he denounced the situation of indigenous and Afro-descendant peoples in Nicaragua. It was also reported that the proposed beneficiary was prevented from returning to the country after participating in the Permanent Forum. Upon successfully returning, the proposed beneficiary had been subjected to siege and persecution by the National Police in his town. 34. The Commission observes that on the morning of September 29, 2023, agents of the National Police showed up and violently broke into the proposed beneficiary’s residence located in Bilwi, Northern Caribbean Coast Autonomous Region. The police officers reportedly did not issue a search warrant or an arrest warrant for Mr. Rivera Bryan. The proposed beneficiary was allegedly beaten, handcuffed, and arrested. Unofficial information indicated that he was transferred to Managua. However, Mr. Rivera Bryan was not placed in any detention facility nor have the police authorities reported the grounds for his arrest. In addition, the information provided in this matter indicates that the proposed beneficiary has not been subject to any legal proceeding that has stripped him of his parliamentary immunity while he holds the position of regional member of the House of Representatives in the Nicaraguan Assembly. Notwithstanding, he was reportedly removed from the list of representatives. Considering the foregoing, the Commission believes that the facts described are related to Mr. Rivera Bryan’s critical position of the current Nicaraguan government. In particular, the Commission observes that prior to the proposed beneficiary’s whereabouts being unknown, the existence of acts of siege and harassment by State agents was alleged, and that to date his next of kin have not obtained information on his location following his arrest by State agents. 35. Having requested information from the State under Article 25 of the Rules of Procedure, the Commission regrets the lack of response to the request for information. Although the foregoing is not sufficient per se to justify the granting of a precautionary measure, the lack of response from the State prevents the Commission from knowing the measures that would have been reportedly implemented to address the situation that places the proposed beneficiary at risk dispute the facts alleged by the applicants. Therefore, the Commission does not have information that would allow it to assess whether the situation that places the proposed beneficiary at risk has been mitigated, nor regarding the actions taken to determine the whereabouts or fate of the proposed beneficiary. Moreover, the Commission also notes that the proposed beneficiary could be in the custody of the State, which would have the information on his location and current situation. violations in Nicaragua. February 17, 2023. Press Release No. 123/23. IACHR Rejects Continued Repression and Human Rights Violations in Nicaragua. June 16, 2023; IACHR, Press Release No. 184/23. Nicaragua: IACHR and OHCHR urge the State to release Monsignor Rolando Álvarez and guarantee his human rights. August 18, 2023; IACHR, Press Release No. 218/23. IACHR Urges the State of Nicaragua to Cease Persecution of the Catholic Church. September 15, 2023 (Only available in Spanish or Portuguese). 9